Gilbert v. Ashley

Plaintiffs have appealed from a judgment rendered against them in an action to enjoin the city clerk, the chief of police and the city council of the city of Escondido from enforcing a business license ordinance, known as ordinance No. 409. Plaintiffs contend that this ordinance is void because it is substantially a reenactment of a previously enacted ordinance, No. 385, which was defeated by the voters of the city at a referendum election.

Ordinance No. 385 was adopted and passed by the city council on June 25, 1947, and by its terms was made effective on and after August 1st, of that year. A…